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ARTICLE · 22 APRIL 2019

Is It Still Viable To Run An Internal Disciplinary Process Alongside Criminal Proceedings?

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The Court of Appeal's decision in the case of North West Anglia NHS Foundation Trust v. Gregg [2019] EWCA Civ 387 brings some welcome reassurance to employers ...

United KingdomEmployment and HR

The Court of Appeal's decision in the case of North West Anglia NHS Foundation Trust v. Gregg [2019] EWCA Civ 387 brings some welcome reassurance to employers that it remains viable to run internal disciplinary processes alongside criminal proceedings. Only in very limited circumstances is there any requirement on an employer to delay pending the outcome of those criminal proceedings.

Following the death of two patients under Dr Gregg's care and a regulatory investigation, Dr Gregg's  registration was suspended by a professional disciplinary body and his licence withdrawn. He objected to attending internal disciplinary interviews whilst the police investigation was ongoing. The Trust then tried to stop Dr Gregg's pay and so he brought proceedings in the High Court. The High Court judge granted an injunction preventing the Trust from continuing its internal investigation into the patient's death whilst the police investigation was ongoing. The judge stated that the

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